Italian confectionery giant Ferrero said it plans to appeal to Germany’s Federal Courts of Justice following a court order over the labelling of its Nutella brand.

The label provided recommended fat and carbohydrate information for every 15g portion while providing nutritional information about vitamins for every 100 grams. Data for vitamins were 30% and 78%, in contrast, carbohydrates and fat at 3% and 7%.

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This created the impression that the vitamin content was higher than that of fat, the VZBZ said. 

In The Federation of German Consumer Organisations (VZBZ) filed a complaint about the percentage of recommended daily allowance for fat and vitamins on the Nutella label in Germany. The VZBZ lost the case but at the local court on 10 March but VZBZ appealed and won. 

The Higher Regional Court ruled that the labelling was misleading and ordered Ferrero to change the labelling on the product in Germany.

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Ferrero said it regrets the decision the court made but is now going to the Federal Court, the highest level to appeal against the decision of the high court. 

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“On this basis we do plan to appeal to the Federal Courts of Justice,” it said.

However, the confectionery giant has changed the label due to the VZBZ’s complaint.

“We decided to change the label earlier this year, even after a VZBV verdict in February, which adjudged nutella labelling to be in line with regulations. We did this because, as a responsible and transparent company, we focus on fully satisfying and informing our consumers.

“We have decided to change the label so that by the end of 2011 a new label will be introduced in Germany, making all nutritional values relevant to portions.”